Patna High CourtCR. MISC./21737/2021bail granted

Raju Pandey v. The State Of Bihar

2021-09-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21737 of 2021 Arising Out of PS. Case No.-278 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== RAJU PANDEY Son of Mahendra Pandey Resident of Village - Laxman Dera Chhaki, P.S. - Brahmpur District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram no.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received about illicit trade of liquor, it is stated that a raid was conducted but the accused persons including the petitioner managed to escape. 40 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The cause of his false implication is his antecedent under the

Patna High Court CR. MISC. No.21737 of 2021(2) dt.15-09-2021 2/2 Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 15.11.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Brahmpur (Chhaki) P.S. Case no. 278 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Buxar.

(Partha Sarthy, J) Bibhash U